Captioning Videos: Copyright Considerations

For YouTube videos, review the license type by choosing the About option under the video. Choose Show More if the License option does not yet appear. Next, click on License. If it is listed as a Standard YouTube License, try to obtain a signed Copyright Release Form from YouTube. The video's owner can also provide the legal right to add captions by changing the license in YouTube from a Standard YouTube License to a Creative Commons License.

For online video in a format other than YouTube, the expanded exemptions for educators under the Copyright Modernization Act will allow the addition of captions to the video without infringing on copyright laws with the following exceptions: .

The video owner has agreed to terms of service (such as with the Standard YouTube License Agreement) from a third party service provider that would be contravened by adding captions to the video. In this case, a Copyright Release Form should be obtained from the copyright owner.

The online video has a digital lock intending to prevent access as in the case of a password requirement. A Copyright Release Form should be obtained from the copyright owner. .

DVDs and VHS formats most commonly have a content scrambling system (CSS) that acts as a digital lock. Obtaining a Copyright Release Form is advisable unless legal descrambling software is being used. Consult with your media-house service provider to ensure their adherence to copyright laws. .

If the copyright owner cannot be located, an application for permission to use the material may be submitted to the Copyright Board of Canada.